Chapter 2Business LawMr. Sherpinsky

A Dual Court System

Get Your Books!

The Opening Scene, pg. 27

Parts: Jamila Daniel Peggy Trai Mrs. Martinez

Justice Journal

What is a court case you have seen on T.V. lately?

What kind of a court was the case tried in?

A Dual Court System

U.S. System of Justice has two major parts

1. Federal System2. State Court System

Federal Courts

Hear cases involving or have jurisdiction over “responsible for”: Federal matters (Example 1, pg. 28) Citizenship matters

United States Supreme Court

13 United States Courts of Appeals(12 Circuit Courts)

(1 Court of Appeals for the Federal Court)

US District Courts Many Federal Agencies

Court of Appeals for Federal Circuit

Specialize Federal Courts

State Court System

United States Supreme Court

State Supreme Court

Appellate Courts

General Trial CourtsCommonwealth & Superior Courts

Lower Trial CourtsCourt of Common Pleas

District Justice Court

Basic Court Terms: Jurisdiction

Jurisdiction: is the power and authority given to a court to hear a case and to make a judgment

Diversity of Citizenship: cases which involve citizens of different states and in which the amount of money in dispute exceeds $75,000

Admiralty cases, or those pertaining to the sea

Patent and copyright cases Bankruptcy cases

Basic Court Terms: Jurisdiction

Original Jurisdiction: Meaning they try a case the first time it is heard

Appellate Jurisdiction: Any party to the federal or state courts may appeal to the Appellate Court in the circuit or state where the case was tried

Basic Court Terms: Jurisdiction

General Jurisdiction: meaning they handle criminal and civil cases. (In Bucks County commonly known as the Court of Common Pleas)

Limited Jurisdiction: meaning they handle minor matters (Misdemeanors and civil actions)

Federal Courts

Hear cases involving or have jurisdiction over “responsible for”: Federal matters (Example 1, pg. 28) Citizenship matters

United States Supreme Court

13 United States Courts of Appeals(12 Circuit Courts)

(1 Court of Appeals for the Federal Court)

US District Courts Many Federal Agencies

Court of Appeals for Federal Circuit

Specialize Federal Courts

U.S. District Courts

U.S. District Courts Have original

jurisdiction over most federal cases

Most federal cases begin in one of the U.S. district courts

U.S. District Courts

Have ORIGINAL Jurisdiction: Cases that arise for first time

under▪ The Constitution▪ U.S. law▪ U.S. treaties▪ Lawsuits between citizens of different states, U.S. citizens and a foreign nation, or between a U.S. citizen and a citizen of a foreign nation.

U.S. District Courts

Jurisdiction over: Issues between states Issues between parties who

reside in different states and the remedy is over $75,000

Issues of national attention Issues where the United

States is a party

U.S. District Courts

Also have GENERAL Jurisdiction Lowest Level of federal court

system. Most federal cases start in U.S. District Courts.

Power to determine the facts and to make initial determinations.

Both civil and criminal cases

Courts of Appeals

Courts of Appeals Also known as

appellate courts or intermediate courts

Intermediate Courts means a court between

lower courts and the highest court

Court of Appeals or Appellate Courts

Hear appeals and review cases from lower courts Have appellate jurisdiction over

district courts, certain specialized federal courts, and many federal administrative agencies

Appeals from a lower court, like state court

Appeals from administrative courts Appeals from specialized courts,

like patent court Only questions of law can be raised on appeal,

not questions of fact or call witnesses Review transcripts, appellate briefs, and oral

arguments from attorneys

Appellate Courts

Review decisions of lower courts when party claims error during proceedings Usually a panel of three

(3) judges Only questions of law can be

raised on appeal, not questions of fact or call witnesses

Review transcripts, appellate briefs, and oral arguments from attorneys

Special U.S. Courts

Special Courts Designed by Congress Has jurisdiction over

certain kinds of cases: Suits brought by citizens

against the federal government

Disagreements over taxes on imported goods

Disputes between taxpayers and the Internal Revenue Service (IRS)

Special U.S. Courts

Special Courts Designed by Congress Have Jurisdiction over:

Suits brought by citizens against the federal government

Disagreements over taxes on imported goods

Disputes between taxpayers and the IRS

Examples: US Claims Court (Against government) US Court of International Trade (Tariffs and

import taxes) US Tax Court (Tax laws) Territorial Courts (All US Territories) Court of Military Appeals (Court martials)

U.S. Supreme Court

U.S. Supreme Court

Highest Court in the Land

Has both original and appellate jurisdiction Original: cases over

ambassadors, public ministers, and consuls or those in which the state is a party

Appeal: All cases on appeal from US Courts or State Supreme Courts

U.S. Supreme Court

Supreme Court Justices decide which cases they will hear from the U.S. Courts of Appeals or the State Supreme Courts (By vote of at least 4 Justices)

The Supreme Court consists of the Chief Justice of the United States and such number of Associate Justices as may be fixed by Congress. The number of Associate Justices is

currently fixed at eight Power to nominate the Justices is vested

in the President of the United States, and appointments are made with the advice and consent of the Senate.

Terms last for a lifetime Working term begins on the first

Monday in October

Why People Care?

Web Quest

Research the US Supreme Court Answer the following questions for each

Judge:1. Name all Justices 2. The colleges/universities they graduated

from3. Birth Date/Family Profiles4. Who appointed them and when5. Identify them as either being conservative

or liberal6. Name at least 2 major cases they have

quoted

State Court System

United States Supreme Court

State Supreme Court

Appellate Courts

General Trial CourtsCommonwealth & Superior Courts

Lower Trial CourtsCourt of Common Pleas

District Justice Court

State Court System

The three primary courts in the state court system are:• Superior Court, • Intermediate Court Of

Appeals and • State Supreme Court.

State Court Systems

Municipal Courts Limited jurisdiction

Means handle minor matters such as misdemeanors and small amount of money (Less than $2500)

Also known as Justice of the Peace or Magistrate’s courts Commonly cases are called

summary offenses All misdemeanor and felony

violations are more commonly called court cases. 

State Court Systems

County Trial Courts General, original and appellate

jurisdiction: Hears all Criminal and civil matters

Known as “Court of Common Pleas” and “court of record” Hears a wide variety of cases,

including criminal prosecutions, juvenile delinquency proceedings, lawsuits involving money or property, divorce, custody disputes, child support issues, adoptions, estates and much more. The Common Pleas Court is also the

court in which many appeals, such as driver’s license suspensions, zoning matters, traffic tickets and numerous others are resolved. 

State Court Systems

State Trial Courts General and Original jurisdiction:

Criminal and civil matters Known as circuit courts or

superior courts “Court of record”- keeps an exact account of what goes on at trial▪ Types of Records: transcripts of what

was said, evidence submitted, statements, determinations of court officials, and judgment of the court

State Court of Appeals Panel of judges evaluates the record,

briefs, and oral arguments.

Pennsylvania State Supreme Court

Highest court in the stateChooses the cases it hears

By vote of at least four (4) of the Seven (7) Judges

Pre-dates the US Supreme Court by 67 years

Special Courts

Specialized Cases:Probate Courts

Hear cases involving the property of deceased persons Even when no will exists!

Adoptions

Special Courts

Specialized Cases:Domestic Relations

Court Divorce, annulment,

distribution of property, alimony and child support

Special Courts

Juvenile Courts A delinquent child is a

minor who has committed an adult crime.

Special Courts

Juvenile Courts An unruly child is

generally a minor who has done something inappropriate that is not considered an adult crime.

Special Courts

Juvenile Courts A neglected or abused

child is one who is homeless, destitute, or without adequate parental care.▪ He or she may become a

ward of the state.▪ Many states have imposed

stricter standards for the treatment of youth offenders▪ Especially when drugs or violence is

involved

What do you think…

In which court will these case most likely be tried?

1. Bankruptcy2. Dispute between U.S.

taxpayer and the IRS3. Violation of curfew

by a teen

Check Yourself

1. What does jurisdiction mean?

2. Which vocabulary word for section 1 would fit this scenario?

If a 13-year-old-girl were found living in an abandoned mobile home, how might she be distinguished in a juvenile court?

Think about it…

Have you or your family ever had a disagreement with someone?

How did you or your family handle it?

Did you seek the help of a 3rd party?

What was the final course of action?

Trial Procedures

Civil Trial Procedures vs. Criminal Trial Procedures

Civil Trial Procedures

Civil and Criminal Trials begin differently Criminal Cases: Government brings

case for offenses against the public at large

Civil Cases: Individuals who believe they have been injured initiate challenges▪ Injured party begins a suit by filing a

complaint with court▪ Lawsuits can be expensive so alternatives

have been developed

Alternative Dispute Resolution (ADR)ADR (alternative Dispute Resolution

Defined: Process that occurs when parties try to resolve disagreements outside of the usual adversarial system

Quick and Inexpensive Classified in 2 ways Reactive method: used after a dispute has

arisen Proactive method: used before a dispute

arises

See Figure 2.2, page 35

ADR (Alternative Dispute)

Reactive Methods Mediation: when parties to a dispute

invite a 3rd party into the process to help find a solution

Arbitration: when parties actually transfer the power to settle their dispute to a 3rd party▪ Binding and Non-binding

Summary Jury Trial: short trial that runs less than a day before a real jury which puts forth verdict

Private Jury Trial: Parties can hold the trial at a time and place of their own choosing

ADR (Alternative Dispute)

Proactive Methods Partnering: Involves a process by

which the parties to a long and involved contract agree to meet to become familiar

Settlement Week: Court’s clear docket of other cases to hear settlement offers

Negotiated Rule-making: Parties affected by new rules work together to develop new rules

Science Court: a forum for disputes about science or technology controversies▪ Genetic engineering, nuclear energy

research, and so on

Methods for Solving Disputes

Three (3) major ways to resolve disputes: 1. Negotiation 2. Arbitration 3. Mediation

Methods for Solving Disputes

Negotiation Process in which people

involved in a dispute discuss their problem and try to reach a solution acceptable to all▪ Skills necessary are handling

conflict responsibly way and can be used in everyday life▪ Informal, which makes it

ideal for many types of disputes

Methods for Solving Disputes

Negotiation Often people hire attorneys to

represent them▪ Requires formal approval of any

deal▪ Attorneys file a court case and

still try to resolve the issues through negotiation

Settlement: formal acceptance of a deal satisfying both parties▪ Saves time and money

Methods for Solving Disputes

Negotiation 3 Phases in Negotiating

1. Preparationa) Sincere interest in settlingb) Identify all the real issuesc) Separate demands from

interestsd) Examine the issue from the

other party’s point of view

2. Negotiating3. Post-negotiating

Methods for Solving Disputes

Negotiation 3 Phases in Negotiating

2. Negotiating1. Focus on the real issues2. Gauge intensity3. Listen carefully4. Ask question for clarity5. Design alternatives

3. Post-negotiating

Methods for Solving Disputes

Negotiation 3 Phases in Negotiating

3. Post-negotiatinga) Make final decisionsb) Build agreementc) Keep options available

Methods for Solving Disputes

Arbitration Both parties to a dispute agree to

have one or more person hear the dispute and make a decision for them

Arbitrator is acting like a judge Less formal than a trial Arbitrator has the power to make

decision▪ Binding or Non-Binding

Methods for Solving Disputes

Mediation When a third person helps the

disputing parties talk about problems and issues

Cannot impose a decision on the parties▪ Goal is a reasonable

agreement▪ Often, mediator acts as a

neutral third party

Voluntary▪ Air feelings and avoid blame,

preserves the future relationship

Web Quest

Research the Bucks County Court System Using the handout,

answer the questions using your research skills, the Internet, and existing knowledge.▪ Bonus Question: What is/was

the budget for the court system?

Trial Procedures

Civil Trial Procedures vs. Criminal Trial Procedures

Civil Trial Procedures

Civil and Criminal Trials begin differently Criminal Cases: Government brings

case for offenses against the public at large

Civil Cases: Individuals who believe they have been injured initiate challenges▪ Injured party begins a suit by filing a

complaint with court▪ Lawsuits can be expensive so alternatives

have been developed

Civil Trial Procedures

Begins with the injured filing a complaint Starting a civil

case can be expensive so many look for other ways to handle disputes

Civil Trial Procedures

Plaintiff Persons whom

start the court process▪ Files 1st

Defendant Person being

sued▪ Action being

taken against

Steps in a Civil Trial

1. Pleadings▪ Complaint (Plaintiff’s claims or

allegations)

▪ Answer (Defendant’s responses to claims)

2. Discovery (gathering evidence… pre-trial hearing)▪ Depositions

▪ Interrogatories

▪ Request for documents

▪ Physical and mental exams

▪ Requests for admission

Sometimes the case can settle during these 2 phases, if not…

Steps in a Civil Trial (continued)

3. Listed for Trial A pretrial hearing is

held to simplify issues and discuss matters that might help dispose or get rid of the case.

If the case is not thrown out…it gets listed for a jury trial.

Steps in a Jury Trial

1. Selecting the Jury – voir dire2. Opening Statements – Plaintiff’s attorney goes first3. Introduction of Evidence4. Closing Arguments – Plaintiff’s attorney goes first5. Jury Instructions6. Verdict and Judgment

Verdict and Judgment

If the defendant is found guilty, the plaintiff is entitled to a remedy. Payment Specific Performance Injunction

The court makes sure the execution of judgment is carried out.

Gideon: Case Study

Arrested? Need a Lawyer? Why should the government be responsible to provide an attorney?

Gideon: Case Study

What precedent was set by Supreme Court? Any indigent (someone who can’t afford an attorney) defendant must

be provided with representation (limited ruling…not clear??) Who had to follow the precedent? What if the

case was decided by judge in state appeals court? Everyone, in US. If it was at the State Appeals Court: Only state lower courts, unless

their constitution says all courts in state. Does Gideon apply to other cases?

Not answered at time, but in 1972, Supreme Court ruled that any case that could lead to jail time the defendant should have representation.

Doesn’t apply to “no” jail terms crimes or civil cases

Miranda v. Arizona (right to counsel/avoid self-incrimination)

Criminal Trial Procedure

Arrest Criminal cases often start

with an arrest Occurs when a person is

deprived of his or her freedom Officers may arrest a person at

any time with a warrant Officers may arrest a person

without a warrant if he or she believes the person has committed or is committing a felony or misdemeanor

Criminal Trial Procedure

1. Arrest Rights of the Defendant▪ Miranda warnings▪ A telephone call▪ Bail – sometimes▪ Remain silent▪ Attorney – court appointed

if can not afford▪ Fair trial▪ Presumed innocent until

proven guilty

Criminal Trial Procedure (continued)

2. Search and Seizure Search warrant needed

under normal circumstances and may be limited to only the area mentioned in the warrant

( Example 3, page 44)

*Not needed if person is arrested*

**School officials may search students without a warrant as long as they have reasonable ground to believe they will find something.**

Criminal Trial Procedure (continued)3. Charges

A. Felonies▪ Crime punishable by confinement

for more than a year in a state prison or by a fine of more than $ 1,000 or both – or even death▪ Murder, kidnapping, arson, rape,

robbery, burglary, embezzlement, forgery, theft of large sums, and perjury are examples of felonies

B. Misdemeanor▪ Less serious crimes that are

punishable by confinement in a county or city jail for less than one year, by fine, or both.▪ Disorderly conduct, speeding,

littering, and parking violations

Criminal Trial Procedure (continued)4. Arraignment

Indictment – written accusation charging the individual

Arraignment – read the indictment or information and then asked to plead▪ Guilty or Not Guilty

▪ Guilty – sentenced – fine, imprisonment, death▪Not Guilty- goes to trial

Criminal Trial Procedure (continued)5. The Trial

Jury Trials Selection of jurors Opening Statements Introduction of evidence Closing Arguments Judge’s Instructions to

Jury Judge Trial

Opening Statements Introduction of evidence Closing Arguments

Criminal Trial Procedure (continued)

6. Sentencing Criminal Cases: Must be

unanimous Guilty beyond a reasonable

doubt Judge imposes ruling

Fines – Payment of money

Imprisonment – term of incarceration

Death penalty Not Guilty

Free to go!

Juvenile Cases

Juvenile Court Dispositional Hearing (1st

Step) Dismissed or Adjudicatory

Hearing▪ Home on probation▪ Agency or foster home▪ Training or reform school▪ Pay with money, work or both

The juvenile court system is designed so that each case and special circumstances are considered individually.

Juvenile Cases

Disposition of Juvenile Cases The judge usually holds a

detention hearing to learn whether there are good reasons to keep the accused in custody.

An investigation is begun into the minor’s background and home life.

Juvenile Cases

Disposition of Juvenile Cases Delinquent child- is a minor

under a certain age (16-18) who has committed an adult crime.

Unruly child- a minor who has done something inappropriate that is not considered an adult crime. (Violating curfew, skipping school, or using tobacco)

Neglected/abused child- one who is homeless, destitute or without adequate parental care. (Ward of the state)

Discussion Starter

Joseph, age 16, robbed a local grocery store, stealing several cartons of cigarettes. Would he be considered a delinquent child to the courts?

Why or why not?

Judge for Yourself

Do you agree that people under 18 should be tried as an adult if they commit certain crimes?

Partner Activities

Grasping the IssuesWorking with a partner:

Choose four of the five short cases from page 52 and write a short paragraph responsePrepare your defense for the “Privacy and Drug Testing” Debate

Five TeamsProAgainst

Class Work

WorkbookReview for Exam in next class

Exam (Thursday)Due: (Thursday also)

Vocabulary Packet